(2) A contradictory bail hearing, as provided for in this Paragraph, may be held prior
to setting bail for a person in custody who is charged with domestic abuse battery, violation
of protective orders, stalking, or any felony offense involving the use or threatened use of
force or a deadly weapon upon the defendant's family member, as defined in R.S. 46:2132
or upon the defendant's household member as defined in R.S. 14:35.3, or upon the
defendant's dating partner, as defined in R.S. 46:2151. If the court orders a contradictory
hearing, the hearing shall be held within five days from the date of determination of probable
cause, exclusive of weekends and legal holidays. At the contradictory hearing, the court shall
determine the conditions of bail or whether the defendant should be held without bail
pending trial. If the court decides not to hold a contradictory hearing, it shall notify the
prosecuting attorney prior to setting bail.

(3) In addition to the factors listed in Article 316, in determining whether the
defendant should be admitted to bail pending trial, or in determining the conditions of bail,
the judge or magistrate shall consider the following:

(a) The criminal history of the defendant.

(b) The potential threat or danger the defendant poses to the victim, the family of the
victim, or to any member of the public, especially children.

(c) Documented history or records of any of the following: substance abuse by the
defendant; threats of suicide by the defendant; the defendant's use of force or threats of use
of force against any victim; strangulation, forced sex, or controlling the activities of any
victim by the defendant; or threats to kill. Documented history or records may include but
are not limited to sworn affidavits, police reports, and medical records.

(4) Following the contradictory hearing and based upon the judge's or magistrate's
review of the factors set forth in Subparagraph(A)(3) of this Article, the judge or magistrate
may order that the defendant not be admitted to bail, upon proof by clear and convincing
evidence either that the defendant might flee, or that the defendant poses an imminent danger
to any other person or the community.

(5) If bail is granted, with or without a contradictory hearing, the judge or magistrate
shall comply with the provisions of Article 320, as applicable. The judge or magistrate shall
consider, as a condition of bail, a requirement that the defendant wear an electronic
monitoring device and be placed under active electronic monitoring and house arrest. The
conditions of the electronic monitoring and house arrest shall be determined by the court and
may include but are not limited to limitation of the defendant's activities outside the home
and a curfew. The defendant may be required to pay a reasonable supervision fee to the
supervising agency to defray the cost of the required electronic monitoring and house arrest.
A violation of the conditions of bail may be punishable by revocation of the bail undertaking
and the issuance of a bench warrant for the defendant's arrest or remanding of the defendant
to custody or a modification of the terms of bail.

B. Upon motion of the prosecuting attorney, the judge or magistrate may order the
temporary detention of a person in custody who is charged with the commission of an
offense, for a period of not more than five days, exclusive of weekends and legal holidays,
pending the conducting of a contradictory bail hearing. Following the contradictory hearing,
upon proof by clear and convincing evidence either that there is a substantial risk that the
defendant might flee or that the defendant poses an imminent danger to any other person or
the community, the judge or magistrate may order the defendant held without bail pending
trial.

C.(1) A contradictory bail hearing, as provided for in this Article, shall be held prior
to setting bail for a person in custody who is charged with the commission of a sex offense
and who has been previously convicted of a sex offense.

(2) The court, after having been given notice of an applicable prior conviction as
described in Subparagraph (5) of this Paragraph, shall order a contradictory hearing to be
held within five days of receiving notice of the prior conviction, exclusive of weekends and
legal holidays.

(3) At the contradictory hearing the court, in addition to hearing whatever evidence
it finds relevant, shall, on motion of the prosecuting attorney, perform an in camera
examination of the evidence against the accused.

(4) In addition to the factors listed in Article 316, the court shall take into
consideration the previous criminal record of the defendant; any potential threat or danger
the defendant poses to the victim, the family of the victim, or to any member of the public,
especially children; and the court shall give ample consideration to any statistical evidence
prepared by the United States Department of Justice relative to the likelihood of the
defendant, or any person in general who has been convicted of sexually inappropriate
conduct with a prepubescent child under the age of thirteen, to commit similar offenses
against juvenile victims in the future.

(5) For purposes of this Paragraph, "sex offense" means any offense as defined as
a sex offense in R.S. 15:541 when the victim is under the age of thirteen at the time of
commission of the offense and less than ten years have elapsed between the date of the
commission of the current offense and the expiration of the maximum sentence of the
previous conviction.

D.(1) A person charged with the commission of a capital offense shall not be
admitted to bail if the proof is evident and the presumption great that he is guilty of the
capital offense. When a person charged with the commission of a capital offense makes an
application for admission to bail, the judge shall hold a hearing contradictorily with the state.

(2) The burden of proof at the contradictory bail hearing:

(a) Prior to indictment is on the state to show that the proof is evident and the
presumption great that the defendant is guilty of the capital offense.

(b) After indictment is on the defendant to show that the proof is not evident or the
presumption is not great that he is guilty of the capital offense.